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The Armed Forces Covenant and Status in Law

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The Armed Forces Covenant and Status in Law BRIEFING PAPER Number 09072, 8 December 2020 The Armed Forces By Louisa Brooke-Holland, Covenant and status in Claire Mills law Summary The next five yearly Armed Forces Bill is due in 2021. The Government has said it will use the Bill to further incorporate the Armed Forces Covenant into law.1 The Armed Forces Covenant is a statement of the moral obligation which exists between the nation, the Government and the Armed Forces. It was published in May 2011 and its core principles were enshrined in law, for the first time, in the Armed Forces Act 2011. The Government is required by the Act to produce an annual report on the Armed Forces Covenant. The Covenant does not create legally enforceable rights for service or former service personnel. The Government has given little information about its proposals, except to say that it is their intention to make it a legal duty for specified bodies to have due regard to the principles of the Covenant. The Covenant’s core areas are healthcare, housing and education. This paper explains what the Covenant is, its current status in law and the Government’s proposals. The paper then looks at the debate on the Covenant during the Armed Forces Bill 2011. Contents 1. The Armed Forces Covenant 2 2. The Government’s proposals 5 3. Background to the Armed Forces Bill 2011 8 Annex: Text of the Armed Forces Covenant 11 1 HC Deb 11 November 2020 c794 www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary 2 The Armed Forces Covenant and status in law 1. The Armed Forces Covenant The Government published the first tri-service Armed Forces Covenant on 16 May 2011.2 It took the form of two documents: • The Armed Forces Covenant – which sets out, in one short statement, the principles of the Covenant, and provides guidance on what the Government believes it means in today’s society. • The Armed Forces Covenant: Today and Tomorrow – which sets out the practical measures that the Government is taking to support the Covenant. That paper brings together both the commitments that have already been made, with measures to be implemented in the future. The Covenant articulates the view that the nation has a moral obligation to members of the Armed Forces Community in return for the sacrifices they make. In return, those who serve or have served in the armed forces, and their families, should face no disadvantage compared to other citizens in the provision of public and commercial services. It also states special consideration is appropriate in some cases, particularly for those who have been injured or bereaved. Those principles were enshrined in law in the Armed Forces Act 2011 (section 2, which inserted section 343A in the Armed Forces Act 2006). The Act places a statutory requirement on the Secretary of State for Defence to provide an annual Armed Forces Covenant report to Parliament each year. In preparing that report, the Defence Secretary must have particular regard to: (a) the unique obligations of, and sacrifices made by, the armed forces; (b) the principle that it is desirable to remove disadvantages arising for service people from membership, or former membership, of the armed forces; and (c) the principle that special provision for service people may be justified by the effects on such people of membership, or former membership, of the armed forces.3 Coverage of the Covenant The accompanying guidance states that the whole of the armed forces community is covered by the Covenant and the obligations and principles which flow from it. The armed forces community includes Regular personnel, Reservists, Veterans, the immediate families of those categories of individual, and the immediate family of those Service personnel and veterans who have died. The Covenant is clear that inclusion in the community does not confer any legal rights. Nor does it mean identical entitlement to support: “the level of support made available will vary. It will take into account the need for assistance, and may also reflect what an individual has contributed through Service”.4 Armed Forces Covenant annual reports The Armed Forces Act 2011 places a statutory requirement on the Secretary of State for Defence to provide an annual Armed Forces Covenant report to Parliament each year. The 2 Armed Forces Covenant, Ministry of Defence, 10 January 2013 3 Armed Forces Act 2011 clause 2 (inserts new paragraph 343A into the Armed Forces Act 2006). 4 The Armed Forces Covenant, p.4 3 Commons Library Briefing, 8 December 2020 Act sets out what the report should cover. Namely, that it should be about the effects or membership, or former membership, of the armed forces on service people: (a) in the fields of healthcare, education and housing (b) in the operation of inquests (c) and in other fields as the Defence Secretary may determine.5 The annual reports have evolved over the years in terms of both subject areas and layout. Common to each edition is a list of commitments for the year ahead and reflections on measures previously introduced. Each report includes a commentary from the external members of the Covenant Reference Group: the three Service Families Federations, the Royal British Legion and Cobseo, the Confederation of Service Charities. The Armed Forces Covenant Annual Report 2020 was published on 7 December 2020. Reports tend to be published at the end of the year before Christmas recess. The Defence Committee has in recent years published a report on the annual report, most recently in September 2019: Armed Forces Covenant Annual Report 2018 (PDF). Implementing the Covenant’s proposals Implementing measures introduced under the Covenant’s umbrella may be the responsibility of central government, the devolved governments or local authorities. Progress on commitments made can be tracked in annual reports. By way of illustration, below is small selection of commitments with progress made, as set out in the 2020 annual report: • The Welsh Government will implement a national action plan across Wales, aimed at expanding the provision of psychological therapies. Completed • The MOD will consider options for providing increased notice to Service families to allow more time for the school admissions process. On target • The Home Office will work to resolve issues experienced by non-UK families applying for visas and passports. More work needed to achieve target • In early 2020, the Scottish Government will work with the MOD, local authorities and the third sector to develop and implement a pathway to prevent homelessness for people who have served in the Armed Forces (no comment made on progress) • The MOD will continue working with the Families Federations to gather further evidence on the inclusion of divorced spouses in the categories of the Armed Forces community and report on the subject in this year’s report. More work needed to achieve target.6 The Devolved Governments Many areas relating to the Covenant are the responsibility of the devolved governments. In recent years the Scottish and Welsh Governments have published their own annual reports on the support they provide to the armed forces community in the context of the Covenant: • Armed forces Covenant: annual report 2019, Welsh Government, 30 September 2020 • Support for the Veterans and armed forces community 2020, Scottish Government, 15 November 2020 5 Armed Forces Act 2011 343A(2) 6 Armed Forces Covenant Annual Report 2020, 7 December 2020, annex A 4 The Armed Forces Covenant and status in law The Armed Forces Covenant Annual Report 2020 said this of Northern Ireland: Northern Ireland continues to build on its successful arrangements to ensure the application of the Armed Forces Covenant. […] A Northern Ireland Veterans’ Commissioner has now been appointed, fulfilling a UK Government commitment in the New Decade New Approach agreement. Extra UK Government funding has also secured an additional two posts for the Veterans’ Support Office.7 In September 2020 Robin Walker, the Minister of State for Northern Ireland, said: We have been making good progress on implementation of the Armed Forces Covenant in Northern Ireland, in line with my party’s manifesto pledges and UK Government commitments in the New Decade, New Approach Agreement.8 Local authorities All 407 local authorities in mainland Great Britain and four Northern Ireland councils have pledged to uphold the Armed Forces Covenant.9 Commons Library paper Support for UK Veterans details the support available to armed forces veterans in Great Britain and Northern Ireland in areas such as healthcare, housing and benefits. The covenant and businesses Thousands of organisations have signed the covenant, including businesses and charities. A list is available on Gov.uk: businesses who have signed the Armed Forces Covenant. The Covenant Fund and Covenant Trust The Armed Forces Covenant Fund was launched by the MOD in August 2015. It replaced previous funding schemes, including the Covent Community Grant scheme and the LIBOR fund. It provides £10 million per year, funded by the MOD, “to support mutually beneficial projects and programmes being delivered by organisations across the UK in partnership with the Armed Forces Community.”10 Funding has been committed for the next 14 years and the MOD has said it intends for it to be funded in perpetuity.11 For the first 3 years, the Covenant Fund was based within the Ministry of Defence. On 1 April 2018 the Armed Forces Covenant Fund became an independent charitable trust: The Armed Forces Covenant Fund Trust. It is registered with the Charity Commission and produces annual reports on its funding. The Fund has four broad funding themes: • removing barriers to family life • extra support after service for those that need help • measures to integrate military and civilian communities and allow the armed forces community to participate as citizens 12 • and non-core healthcare services for veterans.
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